Simon's Legal Resources

Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms (the 'Charter') [ss.1-34 of the Constitution Act, 1982] came into force in 1982, enacting a new civil rights part of our constitution. It has been welcomed with vigorous and wide-ranging litigation, and - over the almost 50 years since it's inception - has developed a large body of doctrine, particularly (but certainly not exclusively) in criminal law.

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SUB-TOPICS

ABUSE OF PROCESS
ADMINISTRATIVE (CHARTER)
AGENCY
APPLICATION [s.32]
ASSOCIATION, FREEDOM OF [s.2(d)]

BAIL RIGHT
BURDEN OF PROOF

CAUSATION
COMMON LAW
CONSCIENCE [s.2(a)]
COUNSEL, RIGHT TO [s.10(b)]
CRUEL AND UNUSUAL PUNISHMENT [s.12]

DEMOCRATIC RIGHTS [s.3]
DETENTION AND IMPRISONMENT [s.9/10(a)]
DISCRETION
DISCRIMINATION [s.15]
DOUBLE JEOPARDY [s.11(h)]

EDUCATION
EVIDENCE
EVOLUTION
EXPRESSION [s.2(b)]

FUNDAMENTAL FREEDOMS [s.2]

HABEAS CORPUS [s.10(c)]
HUMAN RIGHTS CODE

INDEPENDENT AND IMPARTIAL TRIBUNAL [s.11(d)]
INDIGENOUS
INFORMED WITHOUT UNREASONABLE DELAY OF SPECIFIC OFFENCE [s.11(a)]
INTERLOCUTORY INJUNCTIONS AND STAYS (RJR)
INTERPRETATION

JUDICIAL REVIEW
JURISDICTION
JURY TRIAL RIGHT [s.11(f)]

LANGUAGE INTERPRETATION (TRANSLATION FOR LEGAL PROCEEDINGS) [s.14]
LANGUAGE RIGHTS [s.16-23]
LEGAL RIGHTS [s.7]
LEGISLATURE [s.4-5]
LESSER PUNISHMENT [s.11(i)]
LIMITATIONS

MOBILITY RIGHTS [s.6]
MOOTNESS
MULTICULTURALISM

NOTWITHSTANDING CLAUSE [s.33]

OAKES TEST [s.1]

PEACEFUL ASSEMBLY [s.2(c)]
POSITIVE RIGHTS
PRACTICE
PRESUMPTION OF INNOCENCE [s.11(d)]
PRESUMPTION OF STATUTORY CONFORMITY
PROCEDURE
PROCEEDINGS IN CRIMINAL AND PENAL MATTERS [s.11(a-i)]
PURPOSE (OF IMPUGNED LAW)

RELIGION, FREEDOM OF [s.2(a)]
REMEDIES [s.24(1) and s.52(1)]
RETROACTIVE OFFENCES [s.11(g)]

SEARCH AND SEIZURE [s.8]
SELF-INCRIMINATION [s.11(c) and s.13]
STANDING
STARE DECISIS (CHARTER)
'SUSPENSION' OF RIGHTS

TERRITORIES
TRIAL DELAY [s.11(b)]

VALUES

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TO DO

These sub-topics need subject-tidying:

. administrative,
. association,
. right to counsel,
. exclusion of evidence [s.24(2)],
. expression,
. legal rights [s.7],
. remedies [s.24(1)],
. damages [s.24(1)],
. remedy primacy [s.52(1)]

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THIRD PARTY RESOURCE

Whether you are new to the Charter or even if you've been working with it for years, the federal government's 'Charterpedia' is - IMHO - the best summarizing resource available online. Readers involves in Charter law would do themselves a service by reviewing it all on a regular basis.

Charterpedia

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CONSTITUTIONAL LAW

Canadian Charter of Rights and Freedoms [all statreg-split]